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Can the patent applicant rely on a foreign priority document to correct an error made in the specification of a U.S. patent application?

10/13/2017

 
No.  Where a foreign priority document under 35 U.S.C. 119 is of record in the U.S. application file, applicant may not rely on the disclosure of that document to support correction of an error in the pending U.S. application. Ex parte Bondiou, 132 USPQ 356 (Bd. Pat. App. & Int. 1961). This prohibition applies regardless of the language of the foreign priority documents because a claim for priority is simply a claim for the benefit of an earlier filing date for subject matter that is common to two or more applications, and does not serve to incorporate the content of the priority document in the application in which the claim for priority is made.

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